California Domestic Violence & Abuse Lawyer

Understanding Domestic Violence Under California Law

Domestic violence is one of the most serious and emotionally charged issues in California family law. It extends far beyond physical harm — encompassing any pattern of behavior intended to control, intimidate, or harm another person within an intimate or family relationship. The California Domestic Violence Prevention Act (DVPA) governs these cases, allowing courts to issue protective orders and provide relief for victims while also safeguarding the rights of those accused.

Under Family Code §6203 and §6320, “abuse” is defined broadly and includes not just acts of physical violence but also conduct that destroys the mental or emotional peace of the other person. This may include harassment, stalking, financial control, verbal abuse, threats, or the destruction of property. Because of this wide scope, domestic violence allegations can arise in many different contexts — from heated arguments to ongoing coercive control — and the court evaluates each situation based on the evidence and credibility of the parties involved.

Importantly, domestic violence can occur between spouses, former spouses, cohabitants, ex-partners, people who share a child, or individuals who are or were in a dating relationship. The law also allows for protective measures to extend to household members or relatives living within the same residence. The goal of the court is always to prevent future harm and ensure safety while maintaining fairness for both sides.

California law recognizes that abuse can be emotional as well as physical. Any conduct that destroys another person’s emotional calm or sense of security may qualify as domestic violence under the DVPA.

What Counts as Domestic Violence

Physical Abuse

This includes any act of physical harm or violence such as hitting, pushing, choking, restraining, or using an object as a weapon. Physical abuse may also include sexual assault, unwanted physical contact, or any act that results in bodily injury. Even one incident can justify a restraining order if it poses a continuing threat of harm.

Emotional or Psychological Abuse

Emotional abuse can be equally damaging. It involves intimidation, constant criticism, manipulation, or isolation from friends and family. Victims may be subjected to verbal attacks, public humiliation, or threats designed to erode their confidence and autonomy. Courts often refer to this behavior as “disturbing the peace” of the victim — a term defined in case law (e.g., Burquet v. Brumbaugh, 2014) as conduct that destroys the mental or emotional calm of another person.

Financial and Digital Abuse

Abuse isn’t always physical or verbal. Controlling another person’s access to money, employment, or financial accounts may constitute financial abuse. Likewise, using technology — such as phone tracking, social media monitoring, or sending threatening messages — can be classified as digital abuse. The courts now view these actions as forms of coercive control, especially when used to intimidate or surveil a partner.

Given the broad interpretation of abuse under California law, accusations can arise even when physical violence never occurred. This is why it’s essential to have an experienced attorney review your situation carefully. At the Law Offices of Faud Haghighi, we help clients present clear, evidence-based arguments to ensure that protective orders are issued only when truly warranted — and that false or exaggerated claims are properly challenged.

Filing for a Domestic Violence Restraining Order (DVRO)

A Domestic Violence Restraining Order is the most common legal tool used to protect victims from continued abuse or threats. It can prohibit an abuser from contacting, harassing, or coming near the protected person and may include additional restrictions such as staying away from the family home, workplace, or school. The DVRO process is designed to act quickly — offering immediate relief through temporary orders and then scheduling a full hearing to determine whether long-term protection is justified.

1. Filing the Request

The process begins when the requesting party (the “petitioner”) files a Request for Domestic Violence Restraining Order (Form DV-100) along with supporting declarations and evidence. These documents are submitted to the family court in the county where the victim or abuser resides. The petitioner must explain specific incidents of abuse and provide any proof such as photographs, text messages, emails, or witness statements.

After reviewing the initial paperwork, the court may issue a Temporary Restraining Order (TRO) immediately — usually the same day. The temporary order can include provisions such as no contact, no harassment, and exclusive possession of the family home. It remains in effect until the hearing date, which is typically set within 21 days.

2. Notice and Service

The responding party (the “respondent”) must be served with a copy of the TRO and the hearing notice. California law requires that the respondent receive notice at least five days before the hearing unless the judge waives it for safety reasons. Proper service ensures the respondent has the opportunity to appear and present their side in court.

3. The Hearing

During the hearing, both sides may present evidence and testimony. The judge will evaluate whether there is reasonable proof of a past act or acts of abuse as required by Family Code §6300. Unlike criminal cases, domestic violence hearings in family court use a lower standard of proof — known as “preponderance of the evidence” — meaning that the abuse is more likely than not to have occurred. If the judge is satisfied, a permanent restraining order may be issued for up to five years.

California courts take domestic violence allegations seriously. The key to success — whether seeking or opposing an order — lies in presenting credible evidence, consistent testimony, and well-prepared legal arguments.

Temporary vs. Permanent Restraining Orders

When domestic violence is alleged, California law provides for both temporary and permanent restraining orders. Each serves a different purpose and has its own legal effect on the parties involved.

Temporary Restraining Orders (TRO)

A temporary restraining order is designed to provide immediate safety. Judges often grant TROs based solely on the petitioner’s written declaration if it shows reasonable proof of abuse or a credible threat of harm. These orders typically last up to 21 days until the full hearing occurs. During this period, the restrained person may be ordered to stay away, move out of a shared home, surrender firearms, and avoid any communication with the protected party.

Permanent (Long-Term) Restraining Orders

After the hearing, the court may issue a permanent restraining order lasting up to five years. It can include terms such as no contact, child custody restrictions, and financial provisions. Even though it’s called “permanent,” the order can later be renewed or terminated based on circumstances. Violating any term of a restraining order — even accidentally — can lead to criminal charges under Penal Code §273.6.

For both victims and those accused, understanding the scope of these orders is vital. A restraining order can affect employment, professional licenses, firearm rights, and immigration status. It can also play a decisive role in related matters such as custody or divorce proceedings. The Law Offices of Faud Haghighi ensures that your case is presented clearly, your rights are preserved, and your safety or reputation is fully protected.

The Domestic Violence Hearing Process in California

Once a Domestic Violence Restraining Order (DVRO) request is filed and temporary orders are in place, the case moves toward a formal hearing where the judge evaluates all available evidence. This hearing is a critical stage in the process — it determines whether the restraining order will be extended, modified, or dismissed. Both the petitioner and respondent must prepare thoroughly to ensure their side of the story is heard and supported by credible documentation.

At the Law Offices of Faud Haghighi, we help clients navigate this process with clarity and confidence. Our legal team ensures that filings comply with procedural rules, that witnesses are properly subpoenaed, and that all documentary evidence — from photographs to digital communications — is admitted correctly. The goal is to present a calm, factual, and persuasive case that supports your position under the standards set by California law.

Evidence Presented at the Hearing

During the hearing, both sides can testify, call witnesses, and introduce exhibits such as medical reports, text messages, or police records. Evidence should demonstrate either proof of abuse (for petitioners) or the absence of it (for respondents). Judges are especially attentive to credibility, consistency, and the presence of corroborating details. Even small contradictions in statements can affect the outcome.

It is also possible to introduce evidence of prior incidents or patterns of behavior if they help establish a context of abuse. For example, a series of threatening messages or repeated unwanted visits may strengthen a victim’s claim, while inconsistencies or lack of corroboration may help the respondent’s defense. The burden of proof lies with the party seeking the restraining order.

The Role of Attorneys

Family law hearings involving domestic violence are emotionally charged and legally complex. Judges expect both sides to follow rules of evidence and courtroom procedure. Having an attorney with experience in California family law makes a major difference in ensuring your arguments are not dismissed on technical grounds. Whether you are seeking a protective order or defending against one, professional representation helps you remain composed, organized, and credible before the court.

Standard of Proof in Domestic Violence Cases

Domestic violence cases in California are civil proceedings, meaning the standard of proof is different from criminal law. Under Family Code §6300, the judge may issue a restraining order if there is “reasonable proof of a past act or acts of abuse.” This standard is met when evidence shows that abuse is more likely than not to have occurred — known as the “preponderance of evidence” test.

Unlike in criminal trials, there is no requirement for proof beyond a reasonable doubt. Instead, the judge evaluates the totality of evidence, credibility of the witnesses, and the context of the relationship. Because the bar for evidence is lower, it’s critical for both petitioners and respondents to prepare their cases carefully and support every claim with verifiable facts. Emotional statements without corroboration often fail to persuade the court.

In many cases, the judge must also balance conflicting accounts of events, especially when no physical evidence exists. This is why clear documentation — such as police reports, medical visits, or recorded communications — can significantly impact the judge’s decision. Our firm assists clients in collecting, organizing, and presenting evidence that aligns with the court’s expectations while protecting privacy and dignity.

The court’s primary goal is to ensure safety and fairness. While California law provides broad protection for victims, it also recognizes the need to prevent misuse of restraining orders in emotionally charged separations or custody disputes.

Consequences of a Domestic Violence Finding

A finding of domestic violence can have life-changing implications for both parties. For the victim, it often brings long-awaited relief, safety, and legal protection. For the restrained party, however, it can result in serious personal, legal, and financial repercussions that extend far beyond the immediate case.

Restraining Order Effects

When a permanent restraining order is issued, it immediately restricts the restrained person’s freedom of movement and communication. They may be prohibited from contacting or approaching the protected party, their workplace, or home. Violating the order — even unintentionally — is a criminal offense under Penal Code §273.6 and may result in arrest, jail time, or fines.

Impact on Employment and Licenses

Many professions, particularly those involving security clearances or government work, require disclosure of restraining orders. A finding of domestic violence may also trigger disciplinary action or suspension of professional and occupational licenses. The California Department of Justice records restraining orders in the California Law Enforcement Telecommunications System (CLETS), which law enforcement agencies can access statewide.

Firearms and Immigration Restrictions

Under both state and federal law, individuals subject to a restraining order must surrender all firearms and ammunition. They are also prohibited from purchasing or possessing firearms for the duration of the order. Non-citizens convicted or restrained due to domestic violence may face immigration consequences, including ineligibility for certain visas or permanent residency, and potential deportation proceedings.

Custody and Support Implications

Domestic violence findings directly affect child custody and spousal support determinations. Under Family Code §3044, a parent who has committed domestic violence within the past five years faces a rebuttable presumption that granting them custody is detrimental to the child’s best interest. This means that even joint custody may be denied unless the accused parent successfully proves rehabilitation and that custody would not endanger the child.

Additionally, under Family Code §4325, a spouse convicted of domestic violence may be denied spousal support from the victim. This rule reflects California’s policy that victims should not be required to financially support their abuser after separation. These findings also influence related matters such as custody arrangements, support calculations, and divorce proceedings.

Impact of Domestic Violence on Family Law Cases

Domestic violence allegations often intersect with broader family law issues, creating a complex web of emotional and legal challenges. Whether raised during a divorce, custody battle, or support hearing, these claims can dramatically shift the court’s perception of both parties and the final outcome of the case.

During Divorce Proceedings

In divorce cases, a finding of domestic violence may influence asset division, alimony eligibility, and parenting arrangements. Judges consider evidence of abuse when determining the equitable division of property, particularly if one spouse suffered financially or emotionally due to the other’s conduct. The court’s priority remains the safety and stability of any children involved.

Custody and Visitation

Custody decisions are among the most affected by domestic violence findings. The presumption under Family Code §3044 heavily favors the non-abusive parent, making it difficult for the accused to regain custody or unsupervised visitation. Courts may order supervised visitation, mandatory counseling, or anger management programs before reconsidering custody modifications.

Child and Spousal Support

In addition to custody consequences, domestic violence can alter financial support outcomes. The abusive party may be required to pay higher child support or could lose eligibility for spousal support entirely. Conversely, victims who face financial instability due to abuse may receive enhanced support to restore financial independence and ensure the child’s well-being.

Given how deeply domestic violence allegations influence family law outcomes, it’s crucial to work with a legal team that understands both the human and procedural aspects of these cases. The Law Offices of Faud Haghighi provides thoughtful, results-driven representation — protecting clients’ safety, rights, and long-term interests at every step.

False or Exaggerated Allegations of Domestic Violence

While California law provides critical protection for victims of domestic violence, there are also cases where allegations are false, exaggerated, or used strategically in other family law disputes. In high-conflict divorces or custody battles, one party may accuse the other of abuse to gain an advantage in court proceedings. False claims can devastate reputations, careers, and parental relationships — often long before the truth is established.

At the Law Offices of Faud Haghighi, we understand that not every accusation reflects reality. Our attorneys have represented numerous clients wrongfully accused of domestic violence and successfully demonstrated inconsistencies or ulterior motives behind the claims. False allegations must be handled delicately — assertively defending your rights without appearing aggressive or retaliatory.

Recognizing Signs of False Accusations

There are several indicators that a domestic violence claim may not be genuine. These can include sudden allegations during a custody or divorce proceeding, lack of corroborating evidence, or contradictory statements made by the alleged victim. Sometimes, the timing of the accusation aligns with other disputes, such as financial negotiations or child custody hearings. In such cases, courts often scrutinize the context and supporting evidence carefully.

How False Allegations Affect Family Court Proceedings

Even unproven accusations can trigger temporary restraining orders, impacting where you live, your ability to see your children, and your professional standing. For example, a temporary order might remove you from your home or restrict contact with your spouse and children until the hearing date. While these measures are designed for safety, they can also cause significant emotional and financial strain if based on fabricated claims.

Our legal team works quickly to challenge false allegations by gathering key evidence — such as witness testimony, phone records, or digital communications — to demonstrate inconsistencies. We also ensure that your response to the court is timely and thorough, presenting a factual narrative supported by verifiable proof. In some cases, we may seek sanctions against the opposing party for making knowingly false statements or misusing the court process.

Defending Against a Domestic Violence Restraining Order

If you’ve been served with a temporary restraining order (TRO), it’s critical to act immediately. Many people make the mistake of ignoring the order or failing to appear at the hearing — both of which can lead to a permanent order being issued by default. Having skilled legal representation ensures that your rights are fully exercised and that your side of the story is presented clearly and persuasively.

The Law Offices of Faud Haghighi takes a strategic, evidence-driven approach to defending clients accused of domestic violence. We carefully review the petition, evaluate any inconsistencies in the evidence, and prepare your testimony to ensure the court understands the complete picture. Our goal is to challenge unsupported claims and protect your freedom, reputation, and parental rights.

Common Defense Approaches

• Challenging the credibility of the accuser: Identifying contradictions between written declarations, text messages, or prior statements.
• Demonstrating lack of evidence: Showing that there is no physical proof, medical documentation, or witness support for the claims.
• Proving mutual conflict or self-defense: Establishing that both parties participated in an argument and that your actions were defensive, not abusive.
• Highlighting improper motive: Presenting evidence that the claim was made for strategic advantage in a custody or financial dispute.
• Cross-examining witnesses effectively: Revealing inconsistencies, bias, or lack of firsthand knowledge during testimony.

Each case is unique, and the defense must be tailored accordingly. Whether the alleged abuse involves physical harm, emotional control, or financial manipulation, we examine the circumstances objectively and craft a defense strategy that aligns with the evidence and legal standards. Our attorneys are also experienced in negotiating dismissals or reduced findings to avoid long-term damage to your record.

Understanding Your Rights When Accused of Domestic Violence

Being accused of domestic violence can be one of the most stressful experiences in a person’s life. The stigma alone can cause irreparable harm to personal and professional relationships. However, it’s important to remember that you have legal rights and due process protections under California law. Courts cannot issue a permanent restraining order without first giving the accused an opportunity to present their defense at a formal hearing.

Under the California Family Code, the accused has the right to:

• Receive proper notice of the hearing and all evidence presented against them
• File a written response (Form DV-120) detailing their side of the story
• Be represented by an attorney during the entire process
• Present witnesses, evidence, and expert testimony
• Cross-examine the petitioner and challenge their credibility
• Request continuances if additional time is needed to prepare

Failing to exercise these rights can lead to lasting consequences, including the issuance of a long-term restraining order that can appear in background checks, restrict firearm ownership, and influence future legal proceedings such as custody or support hearings. That’s why it’s essential to respond promptly, calmly, and strategically — guided by an attorney who understands both the legal and emotional complexities of these cases.

Every accusation deserves to be evaluated fairly. Whether you are seeking protection or defending yourself against a false claim, experienced legal representation ensures your voice is heard and your rights are upheld.

Protecting Your Rights and Safety During the Case

Domestic violence cases often move quickly, leaving little time for preparation. Taking early action is the best way to protect yourself and your loved ones. If you are the victim, that means seeking a temporary restraining order and documenting every instance of abuse. If you are the accused, it means following all temporary orders strictly, avoiding communication with the other party, and gathering evidence to demonstrate your innocence.

Steps to Protect Yourself If You’re a Victim

• Contact law enforcement or a domestic violence hotline if you are in immediate danger.
• Document every incident of abuse, including dates, photos, messages, and witnesses.
• Keep copies of medical reports, police statements, or restraining order filings.
• Work with an attorney to ensure your restraining order request is complete and persuasive.
• Seek emotional and psychological support through counseling or advocacy groups.

Steps to Protect Yourself If You’re Accused

• Do not contact the accuser, even indirectly — this can violate the order and result in criminal penalties.
• Read the restraining order carefully and comply with all restrictions, including firearm surrender.
• Preserve any evidence that supports your innocence, such as text messages or alibi witnesses.
• Avoid discussing the case on social media or with mutual acquaintances.
• Consult with an experienced family law attorney immediately to prepare a strong defense.

At the Law Offices of Faud Haghighi, our attorneys take swift and measured action to protect our clients from legal and emotional harm. We prepare all filings meticulously, appear at hearings fully briefed, and handle sensitive communications with professionalism. Whether you are seeking safety or defending your reputation, we are committed to achieving a fair, lawful, and lasting resolution.

Long-Term Consequences of a Domestic Violence Order

After a restraining order is issued, its impact often extends well beyond the courtroom. Whether you are the protected party or the restrained party, understanding these long-term implications is crucial. Domestic violence findings can influence future employment, housing applications, professional licensing, and family law outcomes for years to come. They can also affect your sense of safety, freedom, and emotional well-being.

Legal and Personal Ramifications

Restraining orders in California are registered in the statewide California Law Enforcement Telecommunications System (CLETS), which allows law enforcement agencies across the state to access the information instantly. This ensures victims remain protected, but it also means the restrained person’s information becomes part of a permanent legal record. Violations of an active order can lead to criminal prosecution, even if the violation was unintentional or due to miscommunication.

For restrained individuals, this record can affect future background checks, security clearances, and even immigration eligibility. Those working in professions requiring firearm access — such as law enforcement, security, or the military — may face immediate employment restrictions. Additionally, under federal law, anyone subject to a domestic violence restraining order cannot own, purchase, or possess a firearm for the duration of the order.

Impact on Parenting and Custody

The effects of a domestic violence finding are particularly significant when children are involved. Under Family Code §3044, a finding of abuse within the previous five years creates a presumption against awarding custody to the abusive parent. This presumption can be rebutted, but only by showing substantial evidence of rehabilitation and proof that the child’s best interests would be served by restoring custody.

Judges may require completion of anger management, parenting classes, or domestic violence intervention programs before considering any modification of custody. Even then, courts often proceed cautiously, implementing supervised visitation until consistent compliance and positive behavioral changes are demonstrated. For the non-abusive parent, these findings often strengthen their custody position, ensuring a safer and more stable environment for the child.

Modifying or Terminating a Domestic Violence Restraining Order

While domestic violence restraining orders can last up to five years, they are not always permanent. Either party — the protected or the restrained — may request a modification or termination under specific circumstances. Courts will only consider these requests if there is clear and compelling evidence that circumstances have changed significantly since the original order was issued.

When Can an Order Be Modified or Ended?

• When both parties have successfully completed counseling or intervention programs.
• When there has been no contact or incidents of harassment for a long period.
• When both parties demonstrate mutual agreement and good faith cooperation.
• When the restrained party can show rehabilitation and stability through consistent behavior.

However, modification is not automatic. The court will evaluate whether ending the order poses any risk to the protected person. If children are involved, their safety and welfare remain the highest priority. Even when both parties agree to dismiss or modify the order, a judge must still review the request to ensure it aligns with California’s public policy on preventing domestic abuse.

How to Request a Change

To modify or terminate an existing restraining order, the requesting party must file a Request to Modify or Terminate Domestic Violence Restraining Order (Form DV-400) and notify the other party. A hearing will then be scheduled, allowing both sides to present evidence supporting their positions. Legal representation is strongly recommended, as even small procedural mistakes can result in denial of the request or an unintended extension of the order.

At the Law Offices of Faud Haghighi, we assist both victims seeking continued protection and individuals seeking relief from outdated or unjust orders. Our firm ensures that all filings are complete, arguments are persuasive, and the court fully understands your current circumstances.

Emotional and Psychological Impact of Domestic Violence

Beyond legal ramifications, domestic violence cases leave deep emotional and psychological scars. Victims often experience anxiety, depression, fear, and difficulty rebuilding trust — even long after the legal process has concluded. Likewise, individuals falsely accused of abuse can experience public humiliation, professional damage, and emotional trauma as they fight to clear their names.

The emotional toll of these cases reinforces the need for compassionate legal representation. At our firm, we understand that every case is more than a file number — it involves families, children, and lives deeply affected by conflict. We take the time to listen, offer empathy, and connect clients with counseling and support resources when needed.

We also recognize that rebuilding emotional health is essential to long-term recovery. Whether that involves reconnecting with loved ones, restoring parental relationships, or regaining professional confidence, our attorneys help clients move forward with dignity and renewed stability.

Domestic violence cases are about more than court orders — they are about restoring safety, fairness, and emotional peace. Every client deserves to be heard and supported throughout that process.

Legal Support for Victims and Respondents

Domestic violence cases affect both victims and those accused. Our firm provides balanced representation — advocating vigorously for victims seeking safety and for individuals wrongfully accused of abuse. The key to effective advocacy is understanding the nuances of each side’s experience while applying the law objectively and strategically.

For Victims of Domestic Violence

If you are a victim of abuse, our firm helps you secure immediate protection and long-term safety. We assist with filing emergency and permanent restraining orders, gathering evidence, and preparing for hearings. We also coordinate with law enforcement and counselors to ensure you receive the full support available under California law. Our legal team understands how difficult these moments can be, and we work discreetly to protect your privacy and dignity.

For Those Accused of Domestic Violence

Being accused of domestic violence does not automatically make you guilty. Unfortunately, many individuals face exaggerated or false claims that can alter their lives forever. Our attorneys act quickly to gather exonerating evidence, prepare your defense, and protect your parental and professional rights. We ensure that the court hears your side clearly and that any order issued is fair, factual, and supported by evidence — not emotion or manipulation.

Collaborative and Strategic Representation

Our approach combines firm legal strategy with empathy and discretion. We recognize the emotional strain of domestic violence cases and the importance of maintaining stability during legal proceedings. Whether your case involves custody, support, or divorce, we tailor our representation to your specific needs, ensuring consistency and continuity across all aspects of your family law matter.

Why Choose the Law Offices of Faud Haghighi

When facing domestic violence issues — whether as a victim or respondent — having the right legal advocate can make all the difference. At the Law Offices of Faud Haghighi, we bring over two decades of experience in California family law, providing personalized guidance and aggressive representation tailored to your unique circumstances.

Our Commitment

• Client-Focused Advocacy: We listen to your story, understand your priorities, and develop a legal strategy that reflects your goals and circumstances.
• Proven Experience: Our firm has handled complex domestic violence and family law cases across California, from restraining orders to custody disputes and support modifications.
• Discretion and Compassion: We handle every case with the utmost confidentiality and sensitivity, ensuring your privacy and peace of mind.
• Balanced Representation: We represent both victims and respondents, allowing us to anticipate opposing strategies and build stronger cases for our clients.
• Comprehensive Legal Support: Domestic violence cases often overlap with divorce, spousal support, and family law issues. We provide seamless representation across all these areas to protect your long-term interests.

Our Approach

We believe that effective representation is rooted in preparation, respect, and communication. From the initial consultation to the final court order, we remain accessible, transparent, and responsive. Whether you need immediate protection from abuse or strategic defense against an unfair accusation, our team is ready to act swiftly and decisively on your behalf.

Our attorneys combine deep legal knowledge with practical understanding of California’s family courts, ensuring that your case is presented with precision and integrity. We take pride in guiding our clients through some of the most challenging times in their lives — protecting their rights, their families, and their futures.